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Section 63B - Protection of person making complaint

Guidelines

Protecting people who make a complaint

1.3

A person who makes a complaint under the Act is protected from civil action for anything they did in good faith when making that complaint.1 For example, a complainant cannot be sued for defamation by a Minister they made a complaint about.

1.4

Complaints are a necessary mechanism to ensure the integrity and accountability of Victorian agencies when performing their obligations under the Act. It is important that complainants can make complaints without fear of legal repercussions.

Good faith

1.3

Broadly speaking, ‘good faith’ indicates propriety or honesty. A complainant will be protected where the actions they take or things they say are done honestly. Where a person makes a complaint and knowingly makes untrue allegations in that complaint, they may not be protected by section 63B.

  1. Freedom of Information Act 1982 (Vic), section 63B.
  2. Freedom of Information Act 1982 (Vic), section 63B.

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Last updated 9 January 2024

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